Legal Question in Family Law in Washington

residency and domicile for divorce filing

Can a person who comes to WA state from an overseas country on H1B visa(temporary work permit) and has stayed and worked in WA state for say 2 years be called a ''resident'' and is he qualified to file a divorce petition or he should have obtained permanent residency/citizenship status to do so.does he meet the domicile test? Can he call WA state his domicile,though his domicile of origin is still the foreign country. In other words,is his divorce petition valid or the court can reject it on jurisdiction grounds.Any court rulings on residency/domicile definitions for divorce purposes?


Asked on 6/17/04, 9:03 am

1 Answer from Attorneys
Balasubramanian Ganesan Swamy & Subramanian Advocates

Re: residency and domicile for divorce filing

Unless you become the citizen of the state, where you are working, you are not qualified to file a petition of divorce. The court will not entertain your plea. The courts of your country, that had issued you a passport, alone has jurisdiction to entertain your petition

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Answered on 6/18/04, 6:44 am


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